Bangsamoro Basic Law – Managing Risks

The purpose of the BBL is to finally put an end to decades, even centuries of conflict in the Muslim-dominated southern regions of the Philippines. It was made in the hope of empowering the region and ending conflict by increasing affluence. This is a great hope and important for the future.

For my part: If the proposed bill is lacking, it can be addressed by pushing through with the debates on it. With the continuation of hearings about the BBL in Congress, each one is given an opportunity to understand the proposed bill. We believe: An initiative that arose out of good intentions can be fixed by those who likewise have good intentions towards their fellowmen . . .

They will gather other responsible and respected leaders to spearhead a National Peace Summit to deliberate on and discuss the BBL. They will dissect the proposed law in a calm and reasonable manner that will not incite anger and hopelessness. This way, the BBL can be improved. They will write a report that will be made public, so that everyone may be informed, and so that more of our countrymen may understand the matter. In this manner, we will be able to advance a reasonable decision as regards the Bangsamoro Basic Law.

The purpose of this analysis is to help advance a reasonable decision regarding BBL, as President Aquino stated in his speech; and to further constructive discussion to push out destructive critics. The goal of this analysis is to identify major risks and define possible solutions to manage them. Examples of this:

Instead of fearing flat tires, one puts one spare tire in a car; two flat tires is unlikely.

Jet planes have two engines and can fly with one; thanks to engineering, two rarely fail.

Having fire extinguishers in buildings manages the risk of fires.

As a concerned Pinoy with IT training, I have used the following informed layman’s approach:

Identify the risks based on the knowledge available to me and the fears that many people have. Made a judgement call based on what I know and perceive to identify which risks may be real.

For every risk, there is as short justification of why I consider the risk likely to occur and the consequences as major. This is my judgement call again based on what I know and perceive.

Based on my complete reading of the 122-page BBL, I have identified sections and articles that in my point of view do not manage the risks as fully as they should.

I have suggested measures to manage the risk in form of changes to the BBL. As an informed layman, it is not within my competence to give exact suggestions as to how to make changes.

I have left the following aspects out of my analysis:

Political desirability of the BBL; let us try this solution first before rejecting it.

Legal, economic and political aspects that I cannot competently judge.

Symbolic aspects are emotional and political – they are issues for politicians.

The actual transition to BBL and the plebiscite that will be held to confirm it.

Possible additional plans to supervise and help Bangsamoro in its starting years.

This analysis may serve as a basis for further discussion based on the premises stated above.

PART 2: POSSIBLE RISKS AND PROPOSED COUNTERMEASURES

The five risks I have identified, and proposed countermeasures, are:

1. Oppression of Christians in Bangsamoro

Why: It is a distinct possibility that Christians may be oppressed in Bangsamoro, given historical resentments. In the BBL, there is much protection given to Lumad communities; they have been duly considered.

1.a. Article II of BBL defines the Bangsamoro people very restrictively as being mainly the descendants of those who lived in Mindanao, Sulu or Palawan at the time of conquest or colonization. This clause, even though it has no further consequences, is not a good sign.

1.b. Article VII Section 9 states that a Bangsamoro Electoral Code will be defined, but does not clarify who is allowed to vote in Bangsamoro, making it possible to exclude non-Muslims.

1.c. Article IX defines basic rights and explicitly mentions the rights of Lumads, but is not clear on the rights of Christian settler groups already living in the area. Same thing with Article X which defines the Bangsamoro justice system. It focuses on Sharia and on tribal laws but has only a short section on local courts.

Risk management measures: modify BBL to explicitly make clear that all Filipino residents of Bangsamoro are allowed to vote and all who were residents of Bangsamoro upon ratification of the BBL enjoy minority rights. What the Moros want for themselves they should give others.

2. Continued mass poverty and corruption

Why: The leading clans of the Moro region have usually been very rich while the people remained very poor. With a government under their full control, there is no guarantee that this will change. The BBL alone cannot fully manage this, only with respect to taking measures to avoid corruption and misuse of funds meant to develop the region.

Good: the BBL has provisions against conflict of interest and even a section that removes Members of Parliament that have been convicted of major crimes – something the Republic of the Philippines could put into its Constitution and throw out Senators that are in jail. It also has a strong development focus.

But: the Bangsamoro area may have natural resources such as oil and natural gas, and was already considered for palm oil plantations by Malaysia. It is therefore important to prevent rent-seekers from within the ranks of Bangsamoro itself from hogging the profits and hindering competitive growth.

2.a. Article XII Section 2 creates a Bangsamoro Commission on Audit, but does not make clear how COA will supervise it. Section 10 states that Bangsamoro will give 25% of all taxes collected to the Central Government, but shall retain that share for 10 years before giving it.

2.b. Article XII Section 22 states that the BMG may contract its own loans, credits and other forms of debts. Section 23 states that the BMG may avail of directly of Overseas Development Assistance. Section 25 states that the BMG may enter into economic agreements.

2.c. Article XII Section 32 states that revenues from non-metallic minerals belong fully to Bangsamoro, from metallic minerals 75% to Bangsamoro, from fossil fuels and uranium 50% to Bangsamoro. It does not define how these revenues are to be calculated.

2.d. Article XII Section 35-39 define an intergovernmental fiscal policy board (IGFPB) in detail – obviously the Philippine Government hardly has any true supervision and control over the finances of Bangsamoro. This makes the risk of funds being channeled elsewhere very real.

2.e. Article XII Section 40 states that the IGFPB may recommend the exercise by the Bangsamoro of additional fiscal powers in order to reach full fiscal autonomy. See 2.d.

Risk management measures: modify BBL to give full supervision of finances to the Republic of the Philippines while the Bangsamoro Government does the actual management. Give the Republic of the Philippines the right to redistribute Bangsamoro funds by itself if not used for regional development.

3. Continued security problems and rearmament

Why: Given the history of the region, the risk of continued security problems and even covert rearmament of individual groups – possibly with money from corruption – is very real and with very adverse consequences. The Philippine Government must have this under control.

3.a. Article XI Section 2 defines that the Bangsamoro Police is part of the PNP, but the Chief Minister of Bangsamoro de facto decides over it. Not enough Central Government control.

3.b. Article XI Section 16 says that the Chief Minister may request the President to call upon the Armed Forces if needed. No direct right of the Armed Forces to intervene or monitor matters.

3.c. Article XI Section 17 specifies that the Central Government and the Bangsamoro Government shall establish coordination protocols to govern AFP movements in Bangsamoro.

Risk management measures: modify the BBL to put the Bangsamoro police fully under PNP supervision, or have only the PNP. No need for the AFP to coordinate with the Bangsamoro government. Set up a joint Bangsamoro/Philippines body to deal with abuse claims by Bangsamoro residents.

4. Uncontrolled expansion within Mindanao

Why: Given the fact that some Moro rebels believe that the whole of Mindanao justly belongs to them and some with this ideology may come into power. This is dangerous, especially in conjunction with possible rearmament. But let us focus on the relevant BBL articles:

4.a. Article III Section 2d stipulates that contiguous areas to the Core Territory defined in Section 2a-c where there is a resolution of the LGU or a petition of at least 10% of the registered voters in the area asking for inclusion at least two months prior to ratification can become part of Bangsamoro. This is obviously a dangerous paragraph because it can cause contiguous areas to become part of Bangsamoro via fraud or intimidation.

4.b. Article XII Section 5 allows the Bangsamoro Government to provide assistance to development efforts of other regions. This in connection with 4.a. is very dangerous. Development assistance to neighboring regions can be used Binay-style to buy allies.

4.c. Article VI Section 10 stipulates that the Bangsamoro Government may provide assistance to communities of Bangsamoro people living outside the territory of the Bangsamoro. This gives the Bangsamoro government the chance to finance terrorism if the wrong people are in it.

Risk management measures: the territory of Bangsamoro should be fixed. In doubtful areas contiguous to the defined core territory, a plebiscite to decide whether they can join should be held with representatives from both the Republic and Bangsamoro supervising it. After this, the territory of Bangsamoro may no longer be changed. Those who want to live there can move. Those who do not want to live there anymore can leave. Any other solution invites chaos and discord.

5. Secession from the Republic of the Philippines

Why: Some Moro rebels do not see themselves as Filipinos and may want to secede from the Republic of the Philippines. This in conjunction with rearmament and expansion in Mindanao is a big risk.

5.a. Article VI stipulates that there shall be a Central Government – Bangsamoro Government Intergovernmental Relations Board to resolve disputes and issues through regular consultations and continuing negotiations. There is therefore no mechanism to enforce the rules of the Philippine republic if the Bangsamoro Government decides to violate them.

5.b. Article VI Section 9 stipulates Bangsamoro participation in Central Government, but there is no Central Government participation in the Bangsamoro Government except for Presidential supervision. This means no real control over what the Bangsamoro Government does.

5.c. Article V Section 2.9 says that the Central Government shall have primary responsibility over coastguard matters, but then again, Section 2.10 states that the Republic and Bangsamoro shall cooperate and coordinate through the intergovernmental relations mechanism with regard to the enforcement of customs and tariff laws and regulations. Effectively this means that the Republic has little control over what possible assistance may come from overseas.

Risk management measures: direct supervision of the Bangsamoro Government by the Republic, not coordination. Define when autonomy may be suspended, or a transitional plan to autonomy with a five-year transition period. The coasts of the Philippines should be controlled ONLY by the Republic to prevent arms and men from seeping in from elsewhere. A representative of the Republic should be part of the Bangsamoro government, possibly with veto rights on vital matters still to be defined.

PART 3: CONCLUSION AND PERSPECTIVES

With some changes, the risks inherent in giving autonomy to a region that has been a hotbed of rebellion for 40 years can be managed to create a balance between the aspirations of the Bangsamoro and the concerns of the Republic of the Philippines. And thus forge a lasting peace built upon a rock.

May the National Peace Summit convened by President Aquino see this analysis and the lively discussions that will follow it as a constructive contribution to making BBL stronger.

In fact many aspects of the Draft BBL are actually better than the present Philippine Constitution.

The parliamentary form of government for example is a better guarantor of continuity in a culture that is strongly clannish and individualistic, not like the Americans who have greater sense of common weal and more respect for the state than we have – their system fits them.

Its respect for tribal traditions and justice as well as local peacekeeping and mediation – which is already part of the Philippine barangay system – is more rooted in our Malay base culture.

It could be a helpful blueprint for states within a Federal Philippines, if that is desired.

But there is one final, interesting aspect that I think should be considered:

In Germany, richer federal states help poorer ones via the so-called Länderfinanzausgleich.

Bavaria was a recipient state until 1992 and now contributes most to this mechanism.

Bangsamoro gets a block grant now; maybe they will be the ones helping back in the future?

Hopefully, things will be managed in such a way that future perspectives remain open for us all.

In this case, I like the approach of looking for the big flaws that would cause us to mistrust the product, and digging down to see what’s there. I don’t view it as a negative look at the document, but a way to test it, and I think you have identified some very big risks.

I’m happy to see Number 4, Uncontrolled Expansion, because that one jumped out at me as soon as I read it. A sure path for conflict and aggravation, rather than solution. And to that point, I am inclined to ask, what exactly are the Bangsamoro looking for?

One legitimate aim I would think is to re-balance and compensate for decades of disenfranchisement. In other words, a larger share of the nation’s investment than might otherwise be granted.

Related to that is simply a future, jobs, and the financial wherewithal to stand whole.

Third, preservation of cultural traditions, to include recognition of Muslim rules that do not conflict with National rules. Sharia courts are a part of this.

Fourth, and one you have recognized, a form of government that recognizes the many subordinate tribes or clans or governments and gives them a voice in their future. Parliamentary government does that.

Those are legitimate reasons. One and two do not require a BBL. Three and four does.

The fifth is the one you focus on: ambitions for something more. That one is indeed dangerous, and you are correct to put in place the mechanisms to ensure ambition for anything other than economic and cultural well being are restricted. That ensures this is a PEACE agreement and not a step toward further conflict.

Your recommended solutions do not bar objectives one through four, so ought not raise much objection. If objection is raised, I’d guess that Five is actually a motivation.

A Catholic-Protestant conflict aided by France on one side and Sweden on the other side that destroyed the medieval German empire nearly completely.

In Munich, there is a monument to Bavarian military heros, the Feldherrnhalle. Hitler attempted a coup in front of this monument in 1923. The man on the left is Count Tilly, mercenary leader of Catholic troops in the 30 years war. In the notorious sack of Magdeburg, Count Tilly’s troops killed 25.000 of the 30.000 inhabitants by sword. Ampatuan massacre was nothing compared to what this Catholic warlord “accomplished”.

Hopefully, the 40 years war in Mindanao will end soon, and possibly in two to three generations, the things that happened will just be a faint memory. The land will take time to heal from its wounds, it is therefore important to keep the peace. This is why I wrote this.

Catholics had the power through the Middle Ages, then Luther came, numerous wars, several peace settlements and then one minor provocation that started 30 years of war:

Hotheaded Bohemian Protestants threw the Catholic delegates of Emperor Rudolf II, nephew of Felipe II of Spain after whom the Philippines is named, out of the window of the Prague Castle which is now a beautiful tourist spot. It took centuries to heal the country.

The man on the right of the Feldherrenhalle is Prince Wrede, who fought as a general when Bavaria sided with Napoleon against other German states. France wanted to keep Germany from being a power again and played the game of divide-and-conquer.

Bavaria was integrated in the 2nd German Empire (the “3rd” one we all now about) in 1871, but was allowed to keep its own army and everything, but they became more like a Scottish highland regiment than potential separatists. History can provide many examples.

It is important to sometimes imagine things that were before considered unimaginable. January 26, 2023: First and Second Bangsamoro regiments together with 2ID and 5ID, helped by destroyers Kudarat and Lapulapu, drive the Chinese off Panatag Shoal..

The demand of MILF representative Iqbal is that the BBL be passed as is while the President is Convening a Peace Summit with some would be statesmen to put forth suggestions to improve the BBL.

This puts forth two scenarios.

If the MILF does not accept the suggestions of the Peace Summit then it is they who are backing out of the Peace Process and the it’s not the President’s fault. And 20 years of negotiations must go back to the drawing board. This is not fully true because in a lot of ways the BBL is the child of the Domains MOA of GMA. But a delay in passing something like this means another lost generation of the mindanao poor. Delaying this must mean an equal amount of poverty targeting for Bangsamoro claimed places.

If the MILF accepts the suggestions then we are a stronger nation with a much brighter future than originally suggested from a somewhat flawed BBL draft.

If the BBL dies because controls are tightened as PiE suggests, I suspect it will be because there are motivations other than economic revival and preservation of cultural heritage. That is, political and self-interest reasons. And it will be good that it dies.

I think that your last sentence is a forecast of the future, if Congress and others do their job on the BBL. In addition to political and self interest reasons you should also include Islamisation of the region and what ever road that leads one down.

Should the BBL, when modified, not be accepted by the MILF and violence erupts. Who do you think will fire the first shots? Does not the answer speak volumes?

If the root cause of the conflicts in Mindanao is poverty, as most people claim, then a BBL, even a modified one, will be a much slower route to poverty eradication. Better direct, properly controlled and monitored input of huge sums of money into the Mindanao economy. Properly and transparently controlled by the government. I don’t believe that this has ever really be tried, or if attempted, not pursued with any great diligence or conviction.

It amazes me how a handful of MILF leaders have managed to effectively hold the Philippines to ransom. Perhaps somebody out there can provide some insight as to how many of the 12,000 MILF are actually “Leaders” and involved in the decision making processes?

Oh Yes, and my heart goes out to the true indigenous people of Mindanao who have been pushed to the side in order to pacify the MILF. Better the true indigenous peoples and the Muslims havw an equal share in the negotiations. A better BBL would be the outcome.

It is amazing how our sense of things tracks exactly in line. The steps to me are that the Philippines makes clear that it is a nation that welcomes diversity. Then individual indigenous peoples can decide for themselves, can I be Filipino and keep my heritage? Well, the Philippines is a land of 7,000 islands and 114 languages. All are free. They are Filipino. So if they can say “I am Filipino”, that is a community worth investing in. But if the answer is “I am Moro”, or other indigenous tribe, then it is unfair to ask Filipinos to invest in those communities.

1) Because the MILF cannot be distinguished from innocent civilians, and they know the lay of the land, which is troublesome for fighting.

2) The document may or may not be constitutional, and it has not passed government scrutiny. It passed Executive scrutiny. It was definitely not sneaked through the back door. It has been front and center for three years. The difficulty in writing any contract is tying to consider what the words mean in some future context, when surprises arise. Also, one generally negotiates “in good faith” and assumes the other party is also doing the same. If that is not true, the fault rests with the party that has broken faith, not the party that trusts.

The difficulty in writing any contract is tying to consider what the words mean in some future context, when surprises arise. when my lawyer (who is legal counsel and board member of a major IT firm) and I look at contracts, we try to do exactly that. Anticipate the major things that can happen based on experience, then safeguard.

My lawyer once surprised me – I had the contract already signed just a few inches from where I am now typing and he wrote me: forget it, you are giving away your intellectual property, this way written by somebody even I would be careful if I met him in court. IP rights are the most dangerous aspect of the business, even more than liability clauses.

Also, one generally negotiates “in good faith” and assumes the other party is also doing the same. You can only go by that premise if the other party is culturally more of less working with the same assumptions. One only has to look at the sales/lease treaty between the Sultan of Sulu and the British regarding North Borneo/Sabah as an example.

And to refer to your discussion with jameboy – he is write in stating that we are deailng with somewhat different people here. My experience with Muslims, to put it in a neutral manner, is that many of them have aspects of the Oriental bazaar mentality. IMHO we should not have send two academics to deal with them, but at least one cunning palengkera type.

If that is not true, the fault rests with the party that has broken faith, not the party that trusts. Shame on you if you fooled me once, shame on me if you fooled me twice is more like it. The history of the region is well known, things that happened before can happen again in somewhat different variations. They should have taken a devil’s advocate with them, like a vaccine that forces you to make antibodies, to double-check.

My lawyer and me originally met in a gambling situation with Turks, Greeks and Bavarians.

Regarding contracts he once told me if you notice the other side is cheating, in Bavarian village situations you don’t get mad, but you grin and show the other guy you noticed so that the other guy knows you are not a sucker. It is also a corrupt/clever Catholic culture..

Uncontrolled expansion. No to that.
Hope the summit can resolve the issues. I still hope there is enough time for congress to pass this, together with other priority bills.I hope the lower house does not prolong any further the Mamasapano hearings.

After a probation period, they could be allowed to form their own Bangsamoro regiments, say after 6 years, but these regiments could be sent to help defend the Spratleys and not be allowed to stay inside Bangsamoro say until 2030, when they have proven their loyalty.

The Scots fought English during Braveheart, but later the Scottish Highland regiment became a major asset to Britain. Use the warrior spirit to our advantage but be careful.

If had anything to decide, I would theoretically even make a deal like that part of the price for Bangsamoro autonomy. OK you spilt the blood of the SAF 44, now prove your loyalty by spilling some blood for the Republic of the Philippines. Sandugo ng Moro at Kristiyano.

The sandugo between Americans and Filipinos was when they fought the Japanese together during World War 2. After that, the Philippine-American War became history.

A question that comes before is: Fight or Negotiate? It is the eternal question with clear arguments pro and contra by the old Greeks.

The idea of risk management is great the government should be open for all criticism and reply the public in this format. The risks are not limited to the ones listed but endless. The way the aviation and automotive sets priorities is on: 1) the seriousness of the effect when the risk event materializes; 2) the probability of the event; 3) the availability of early warnings that the event is imminent together with the possibility to adjust the course of events. As we can not make detailed mitigation plans for all we should concentrate on the high risks by looking at the product of seriousness x occurrence x detection.

Some shots from the hip:
1- Voting is one aspect, what about “racism”, ghetto formation, demographic pressures, conversions…
2- The track record on corruption of the Philippine government is not flawless to say the least.
Corruption is not so bad when corrupt money is reinvested in the country, so provide transparency and more power to AMLC.
3- Address the root causes of violence, see previous my last blog https://joeam.com/2015/03/11/bbl-yes-but-peace-in-mindanao-will-be-won-or-lost-in-the-mosques/
4 and 5- Related to the unique “powers” of Bangsamoro. How to lift powers to the national or international level as international Sharia “legislation”, economic entities… ? How to make alliances for powers on lower levels as education, economic entities…. ?

@giancarloangulo: just to give an overview to you and all the readers here:

Article I. Name and Purpose
Defines Bangsamoro and what BBL is for – to establish a political entity.
No mention that it is part of the Republic of the Philippines.

Article II. Bangsamoro Identity
Defines the Bangsamoro people. Does not say they are Filipinos.
Defines that there shall be a flag, emblem and anthem of Bangsamoro.

Article III. Territory
Defines the territory of Bangsamoro and the collective rights of the people,

Article IV. General Principles and Policies
the usual general stuff, nothing special.

Article V. Powers of Government
Defines which powers the Central Government has, which powers both CG and BMG have, and which powers are only for the Bangsamoro Government.
Does not say that the Central Government is the Republic of the Philippines. As an afterthought, this leaves some space open for Malaysia to become the new central government.

Article VI. Intergovernmental Relations
Defines the relationship between the CG and the BMG. Only the President of the CG has supervision over the BMG, the rest is via the Intergovernmental Relations mechanism.

Article VII. The Bangsamoro Government
Parliamentary government – could somebody, karl or giancarlo please look at this in more detail and write a short summary? I don’t want to do all the work here…

Article VIII. Wali
Titular head of Bangsamoro, something like a constitutional monarch.

Article X. Bangsamoro Justice System
Much emphasis on Sharia, Bangsamoro may have a Sharia judge in the Supreme Court.
Tribal laws are respected, Local Courts mentioned in only one section very vaguely.
Again, whoever wishes to look at this and summarize this is welcome to do so.

Article XI. Public Order and Safety
Bangsamoro Police, AFP and coordination.
Any volunteers to read and summarize this?

Article XIII. Economy and Patrimony
Sustainable Development
Natural Resources
Trade and Industry
Banking and Finance
Transportation and Communications
One volunteer please per topic, they are huge, to read and summarize

Article XIV. Rehabilitation and Development
Special Development Fund coming from the Central Government

Article XV. Plebiscite
Constitutory Plebiscite for BBL ratification

Article XVI. Bangsamoro Transition Authority
Transition plan which is IMHO too short – just six months and not detailled enough

As I already mentioned, I only stated the major risks above. Political, economic and legal questions were out of scope. Transitional planning as well, and symbolic issues like flag etc.

Volunteers please to read and summarize the parts in italics. I read them too, but summarizing them is too much work for me now. Thanks.

@josephivo: welcome, thanks for the input as well. I looked only at the BBL to focus on the purely risk issues, the other issues are complex so I structured it. Other areas of discussion are:

Political aspects
How much autonomy do we really want to give for example…
What kind of relationship balance do we want with Bangsamoro?

Economic aspects
How much economic autonomy, especially trade within ASEAN – it is given by BBL…

Legal aspects
That is something for lawyers and constitutional experts

Transitional aspects
Very important to ensure that the first six years do not go wrong
Just six months transition period is IMHO not enough

Symbolic aspects
Flag, anthem, emblem, titular head, calling themselves Bangsamoro people
No mention of the Republic of the Philippines or Filipino citizenship
This is something people may see differently so I left it outside…

@josephivo, care to volunteer and look at one of the Articles, then summarize it? See above.

I call upon the historians in this blog to provide a summary in bullet points of the history of the entire Muslim conflict from Spanish times until now. Especially the American time with the special role John Pershing played as Moro Governor in disarming Moro clans. It gives much more context.

some variation on Ataturk’s secular configuration of Islam must first be defined and fashioned and put in place. Related to this is to include Indonesian and Malaysian societies in our Filipino radar screens.

PiE’s enumerated risks are NOT promising as to workability of BBL. Back to square one scenario is very likely

Filipinos and Moros should pay close attention, together, to the nature of their adversarial histories and sociologies. Cardinal Quevedo must be included in this type of dialogue. He has been in the thick of literacy for both Christians and Moros.

I shall try to sort/collate Spanish & American timelines on their Moro experience.

I know the feeling from your old man, PiE. I am listening to the CD, CHANT, by the Benedictine monks of Silos, Spain. The Lord of whom they sing is so needed to calm the savage spirit in this conflict. And the CHANT is so apropo to this holy week, the week of the Prince of peace.

Just a few weeks after Mamasapano, I did not notice it I admit. I was too caught up in emotions for that and many others too. The historical aspects deserve tabulation though, and the articles of the BBL also deserve a short summary here.

If there is already an article, then it can be mined to make the summary. Not everybody has the time to read all of that so it might help to have a starting point here.

Anyway I already read the entire BBL and know the history of the conflict…

If I were asked to make an analysis, I would go by it like I make a consulting report – first outline then gather facts and outline again, if I were to make a Powerpoint presentation to brief someone who knows nothing 3-5 bullets points max per slide with max 2-4 subpoints.

Chapter 1 – Intro

Chapter 2 – History of the Muslim Conflict

Section 2.1. Early Spanish period
Section 2.2. Late Spanish period (Sulu, Sabah)
Section 2.3. American period
Section 2.4. Early Philippine Republic
Section 2.5. Marcos times and afterwards

Something similar to what I have outlined should be made for the Congressmen and Senators as well as the National Peace Summit. That is so much information that I doubt everyone knows every relevant major aspect of it. But you need context to decide well.

For rebel returnees allow them one year debriefing (Not removing of under pants).retraining and compulsary enrolment to PNPA or PMA. Surrender all arms leaving only the lower extremities so they could still run for public office.

Don’t train them to go after China,but ok at least they won’t have a problem with having to fight Muslims like in Jabidah massacre.Seriously Thai experience Buddhists vs Muslims not a good picture it would be like a Shaolin temple Jet Li movie or David Carradine in Kung Fu.Learn from the African experience where the Chinese are making it big time.

I already watched the MOA AD hearings,why not refer to the transcripts,all stakeholders were represented well. Academicians both christian and muslims,nuns priests,lumads,former Ilagas like Manny pinol,catholic politicians like Lobregat.Aside from political reasons find out why it was declared unconstitutional all opinions esecially the dissenting opinions.

2. Granted, the Big Picture has been declared out of scope, but people need convincing that the setting up of an autonomous region for Filipino Muslims — in whatever form it may take, BBL or otherwise — is imperative.

2.1. If this is done, half the battle is won.

3. The Big Picture consists of several aspects, but to me the following are the most crucial:

3.1. Legal framework. Is the Bangsamoro autonomous region legal?

3.2. Ideological framework. Can a secular state contain a sectarian autonomous region? Is Islam compatible with liberal democracy?

3.4. Degree of autonomy. To what degree will the autonomous region be self-governing within the three branches of government (executive, legislative, judicial) and the independent commissions?

3.5. Treatment of minorities. Can a sectarian autonomous region govern in such a way as to be fair to minorities?

4. Without going into the reasons, my answer to item 3.1 is yes. But this is the sticking point for most people, and they cannot go beyond this question.

4.1. Item 3.3 cannot be truly answered at this point, but the expected answer should be yes.

4.2. Item 3.4 is a matter of negotiation but the defining principle should be that the autonomous region must be bound to the state — irrevocably.

4.3. Item 3.5 should be guaranteed both in the basic law and in daily governance.

4.4. It is on item 3.2 where I stumble because it appears to me that democracy is anathema to Islam. Islam is not only possessive of truth, of land and of righteousness, but it is unbending and encroaches… and encroaches eternally.

5. Two more things.

5.1. Disarmament should be a prerequisite as the first thing in the transition period.

5.2. The basic law should not be rejected on the basis of unconstitutionality. If need be, the Constitution should be amended.
*****

To avoid conundrums or chicken and egg.Remove the June deadline and appeal to the MI that the summit is the best way to get the nation involved. Both houses still continue but still have to monitor the summit and invite them for final amendments and no more bicam conference that is overkill have it signed asap. I guess no more unconstitutionality petitions since all the stakeholders have been consulted.

“3.2. Ideological framework. Can a secular state contain a sectarian autonomous region? Is Islam compatible with liberal democracy?”

My personal view is that Church and State should be separate. Sharia is NOT a native tradition of Moros any more than Christianity is a native tradition of the Filipinos that were subjected to Spanish rule.

3.2. I agree that neither Christianity nor Islam are native religions. But both are current practice, so the matter of origin is irrelevant.

I further agree that State and Church should be separate. But, again, this is not the case in current practice. It is not true for the national government, and it will be farthest from the truth for Bangsamoro.

Take Sharia, for example. Not only would Sharia be adopted, but BBL wants to reserve a seat in the Supreme Court for a Sharia justice. Why?

Under which instances, I wonder, would a Sharia judge be required in the Supreme Court?

o If it is to settle issues between the national government and the Bangsamoro entity, then the Constitution and the BBL would be the guiding laws, and a Sharia judge is not necessary to make a valid interpretation in these cases… only perhaps a Sharia lawyer to represent the Bangsamoro side.

This is partly what I mean by Islamic encroachment (which is akin to Catholic encroachment and INC encroachment but on a vastly more pernicious scale).

Again, I think there is a provision for a Muslim representative to be appointed/hired in all major government departments, commissions, agencies and bureaus. I can understand the need for this provision at the Cabinet-level departments (such as, or especially in (!), the Department of Budget and Management). But is a Muslim necessary in the Bureau of Meteorology or the Statistics Authority as a representative of Bangsamoro and not on his own qualifications as a weatherman or a statistician?

To me, this smacks of favoritism, of religious nepotism (as already practiced by the INC or so I am told).

And so the inroads to the separation doctrine will be so broad and so deep as to accommodate a Bagger 293.
*****

Can Sharia align with standards of Human Rights? There are many Sharia families in Islam, according the bases the apply. The BBL is open about it, it states “among others” the sources are: a. the Koran; b. Al Sunnah = Prophetic traditions; c. Al Qiyas = Analogy; and d. Al Ijima = Consensus. “Among others” opens it up completely. It such a case it is prudent to think of a worst case, the very strict interpretation of the Wahhabis. Even for a much softer interpretation by the Turkish Refah party, the European Court of Human Rights determined in appeal that “its sharia is incompatible with the fundamental principles of democracy”.

And for each type of Sharia there are different interpretations influenced by local tradition and tribal customs. BBL’s guarantee that the Bangsamore Sharia will not shift into an ISIL type of Sharia is the oversight by the Bangsamore parliament.

Some concerns pop up in my mind:
– Apostasy, all Sharia interpretation see it as a criminal offence requiring the dead sentence for men.
– Caliphate, full Sharia – covering all spheres of live – requires a caliphate.
– Muslim, Sharia applies only to Muslims, but who defines who is a Muslim, isn’t it only Allah who knows?

Possibly it might be a good thing to define BBL as explicitly being subordinate to the Philippine Constitution, and that any provisions in BBL that are not compatible with the Constiution are considered null and void. The question of who controls that comes next.

Also, being Muslim may be part of the local culture of the Bangsamoro inhabitants, but I doubt that Sharia actually is. Don’t think they used Sharia before, it is only an import from global Islamistic movements and probably not part of the real culture of Bangsamoro.

I could imagine that they used something like the Malay adat tribal justice system before, which was also the system used in most of pre-Hispanic Philippines. But not Sharia.

Good assessment. The Sharia courts are allowed within the AARM but were inactive during the early years of that form of government. They still may be inactive. There seems to be little passion for it amongst the Moros, other than as a badge along with the titular head and flag. I suppose at some time we ought to discuss esteem issues, where symbols stand in for a gap in self assurance, but that is not just for the Bangsamoro. How much simpler it would be if people just said what they wanted, and we could all work to provide it, rather than establish these elaborate structures which stand instead for our day to day inability to understand each other.

My old man once said: “I wish our countrymen could believe more in themselves, and thereby learn to believe and trust more in one another”. Distrust is the reason for the inability to communicate in both directions. I mean real communication, not blame-games.

I am a bit disappointed at how few answers have come to this article, where it is about a real national issue, while when it is about people or groups everybody is there. BBL yes, no or modified and if not what other alternative shall determine the country’s future. Who will be President is important but as long as it is not a crook the difference will be minor, while what happens to the Bangsamoro question is a make-or-break thing for the nation.

I think the lack of answers is due to the complexity of the BBL itself, which is rather like trying to figure out an entire Constitution, looking into the future. For me, your assessment provided clarity in that I now think the BBL can only be viewed in the context of the motives of the Moro leadership. If they are transparent and welcome accountability, then the agreement will work, and a little fine tuning along the lines you have suggested will not be a problem. If there are hidden ulterior motives, the kind that no agreement can fix because what is wanted is total independence built on a grand economic boost from the Central Philippines, then that will become clear based on reactions to proposed changes.

I have a different model in mind, called building islands of accountability, and growing out from there, all within the current government framework. Outside the islands, warring will likely continue because the security will not exist for economic revival. The first question asked of every community due consideration as an island warranting investment is, “do you accept that you are Filipino?”

If Moro communities don’t see themselves as Filipino, I don’t see why loyal citizens of the land should support them because of threats of violence. Extortion ought not be allowed. It ought to be fought.

In the best case, the money being given to Bangsamoro becomes just a Beef BarreL. Can’t give pork to Muslims after all.

Another possible solution: make the transition period longer and more phased, giving responsibility step by step after review phases, start with supervised development, then let them develop under supervison, then fiscal autonomy under supervision etc.

When I know so little about a topic, I usually step back, listen and learn. To offer an opinion on something I’m still trying to understand is not my style.

When I was just a child, I normally hear the adults saying of people who are rude and obstinate as “napaka moros ninyo”…somehow it stuck to my innocent mind then and prejudice had set in. Then I went to school and got hooked on books even at an early age, and slowly understanding came.

Just recently, comments from Steve and taga bundok opened my eyes that our muslim brothers are just reacting and fighting from years of neglect and unfair treatments from the various governments.

How to bring back trust between the revolutionary muslim groups and the government has been an almost impossible undertaking, what with atrocities being committed by each side against the other.

Joseph ivo has written that the mosque and imams will play an important role in this efforts, and I will venture to add that the church, the christian bible reading church, together with the mosques and koran reading muslim brothers could make this dream of peace possible. Afterall, the God of Isaac and Ysmael is but one, although the brothers have come apart due to the impatience of the former’s mother Sarah and the arrogance of the latter’s mother Hagar brought about this thousand years old gap between the christians and the non christians.

A more thorough discussion of this draft law by congress, and now, to include the convenor group will hopefully result in a more deep understanding of this complex issue – to address the constitutionality, budget and fiscal autonomy, form of government, risks involved and the corresponding proposals to mange such risks, will it include the whole residents of Mindanao or just a small percentage?

Is there a possiblity that these discussions be covered nationally, not only here in Luzon but also in Visayas and in Mindanao through the help of modern communication technology, a live interaction, exchange of ideas so all these gray areas can be clarified to the satisfaction of all the stakeholders (we, the whole Filipino citizens.

These are the late night musings from an ordinary citizen still grappling to understand but hoping that a way to peace can be found.

My idea for a televised discussion is for resource persons to convince not only those immediately in front of them, not just talk to and discuss, analyze things with each other but talk as if directing their points to their audience – the people (but not to grandstand) in simple languages , for them to avoid such highfalutin (“pompous, arrogant, haughty, pretentious” or “excessively ornate or bombastic- according to the word detective) words so the simple, common citizens will completely understand and won’t feel left out in decision making.

Very good idea. I also think BBL should have been made an assignment in schools. Every pupil in a 20-30 pupil class given a part of the Articles to study at home and summarize.

Then maybe a 60-minute TV movie explaining BBL in simple but precise language.
The intermediate step to that would be to break down the summary of contents into a Powerpoint presentation like I wrote about further below. Then simplify it even more.

In the long run what josephivo said is right though: education is important.

It was amazing how much I learned in Grade 11-13 in Germany. OK Pisay I learned much already, our curriculum was similar to most college curriculums in science but not that much in social studies really. Not the prepared discussions that we had in Germany.

After the war they put much emphasis on educating people to be fit for democracy.

If you don’t train you are simply not fit – mental stretching, and mental muscle condition.

My capabilities are because I was quite lucky – advanced educational programs in UP Elementary which was part of UP College of Education plus Pisay which is DOST, both not controlled by DepEd, then the excellent German system – that Japan and Korea copied.

1. On 1: I was not thinking of the legal form of government (federalism or other) that the Bangsamoro entity would take. To me that issue falls under my item 3.4. I was thinking more of whether the notion of an autonomous region is valid in a legal sense. The legal framework I had in mind was from the perspective of United Nations doctrine and our Constitution.

1.1. If the legal framework is accepted then there should be NO opposition as such to the creation of an autonomous region for Filipino Muslims. Only the mechanics of the creation and the maintenance of the region would have to be addressed.

2. On 3.2, I totally agree that this is a main concern, if not the main concern. Islam is at odds with liberal democracy. And for a democracy to consent to give birth and harbor an antithetical entity seems to be perverse. Human rights are guaranteed in one system and the subsystem would take away those rights. Freedom of religion in one… and death for apostasy in the other.

2.1. I was not aware that there are different versions of Sharia. I had the impression that Sharia derives from the common sources of the Koran and the Sunnah. What you say makes sense though because the common law of different countries — in Islamic terms the Hadith — are not universally common.

3. The trouble is that Islam, like certain segments of Christianity, has never heard of postmodernism. At least, Christianity is capable of reinterpretation and has been observed veering towards pluralism (?) It’s strange because Mohammed gave recognition to Christianity and protection to Christians (and Jews?) until the End of Days.

4. I think the hauteur of Muslims lies in the glory they once achieved. The Islamic Golden Age lasted for five centuries (750 – 1258), and not only two centturies (750 – 950). That would make the age one year longer than the Roman Empire (31 BCE – 476 CE). In the last century, Islamic influence resurged due to black gold. In this century it has resurged with the replacement of the democracy-communism ideological battle with the current Christianity-Islam conflict… and the mass migration of Muslims seeking better lives — but not freedom — to western countries. Whether indigenous or migrant, Muslims do not assimilate. The past glory beckons, and the Islamic phoenix will rise again.

4.1. Without the desire to assimilate, there can be no unity of purpose.

5. But do we know for a certainty that religion — and not inequality — is the driver of radical Islam?

6. The solution for me is… individual and social transformation outside of organized religion. Yes, create an autonomous region but as a secular ethnic-based and not religious-based entity. Enforce the national law and restrict a modified Sharia to marriage and inheritance. Allow religious freedom. Allow Muslim females to marry non-Muslim males. Remove all unnecessary encroachments into the national government. All autonomous region symbols must be subsidiary to national symbols. Enforce a pledge of allegiance to the Philippines in all regional schools.

7. The roots of war arise from the divisive ideologies that we believe in (whether we practice them or not), that control our daily lives, and that blinds us to the suffering of the Other. The roots of peace is to see our suffering and recognize it… in the suffering of the Other.
*****

Hi PiE. I chanced upon Noli De Castro’s radio program during my morning drive to work, and he was on his daily crusade of bashing the BBL, its unconstitutionality aided in part by an interview with Sen. Peter Cayetano, and questioning the credibility of the Peace Summit members. Sadly his radio program is the staple of the common people, and contributes a lot to the distorted view of the BBL. His arguments just fuel the anger and confusion about an important issue that he himself obviously has a very shallow understanding of.

Thanks for presenting a structured and objective approach to understanding the BBL. Great article.

I also wanted to leave my opinion of the Peace Summit members out of the objective analysis. My impression though is that they did not have enough own ideas and just let the MILF suggest what they wanted. And that the MILF got its ideas from the Malaysians.

The whole idea of having a titular head is very typical for a Malaysian state, also the use of a very different kind of English than is usual for Filipino legal language.

Risk Nr. 6. After secession, Bangsamoro becomes a Malaysian State. The BBL does NOT mention the Republic of the Philippines at any point, just the “Central Government”. It can easily be changed to become the Constitution of a Malaysian Federal State.

PIE, is there anything in the BBL that allows the new BM region to have control of its economic destiny? Who owns the land and other resources within this region….Do they have the right to issue their own currency? Do they have the right to control and manage trade with the rest of the country?

You mentioned risk analysis… If their revenues simply come from the central government as their share of IRA is that the only source of their revenues. Local government code gives them the right to tax their people….

Will they have a right to fashion their own economic policies separate from the national governments MTDP?

The so called convenors for the BBL are nothing more than a shot across the bow of the military adventurers and the right wing nut crackers like Gonzales and Pedrosa.

Big business, (including foreign groups), Catholic Church are the power behind the throne in this country…

The right wing nutcrackers in this country have been handed a yellow brick road by the failed raid and subsequent fallout. All of a sudden former military men like Lacson are being suggested as president by retired military men…

The ineptness of this government which some quarters have called the “Ineptocracy” have naturally forced the real Bosses to come out and draw the line…

The Congress (both houses) are now trying to leverage the BBL with sources of support for the upcoming elections since the pork barrel requires full cooperation between executive and legislative branches…

Pinoy will be giving his swan song in July… It is going to be all about finding funding for the next elections…

“PIE, is there anything in the BBL that allows the new BM region to have control of its economic destiny?” A lot. Article XIII is full of it. But my article was only about risks to the Republic of the Philippines. In fact they have too much freedom IMHO. See article.

” If their revenues simply come from the central government as their share of IRA is that the only source of their revenues.” No. I wrote on that above as well, tax share etc.

Twenty-five years and my life is still
Trying to get up that great big hill of hope
For a destination
And I realized quickly when I knew I should
That the world was made up of this brotherhood of man
For whatever that means
And so I cry sometimes
When I’m lying in bed
Just to get it all out
What’s in my head
And I am feeling a little peculiar
And so I wake in the morning
And I step outside
And I take a deep breath and I get real high
And I scream at the top of my lungs
What’s going on?
And I say, hey hey hey hey
I said hey, what’s going on?
ooh, ooh ooh
and I try, oh my god do I try
I try all the time, in this institution
And I pray, oh my god do I pray
I pray every single day
For a revolution
And so I cry sometimes
When I’m lying in bed
Just to get it all out
What’s in my head
And I am feeling a little peculiar
And so I wake in the morning
And I step outside
And I take a deep breath and I get real high
And I scream at the top of my lungs
What’s going on?
And I say, hey hey hey hey
I said hey, what’s going on?
Twenty-five years and my life is still
Trying to get up that great big hill of hope
For a destination

Mother, mother
There’s too many of you crying
Brother, brother, brother
There’s far too many of you dying
You know we’ve got to find a way
To bring some lovin’ here today – Ya

Father, father
We don’t need to escalate
You see, war is not the answer
For only love can conquer hate
You know we’ve got to find a way
To bring some lovin’ here today

Picket lines and picket signs
Don’t punish me with brutality
Talk to me, so you can see
Oh, what’s going on
What’s going on
Ya, what’s going on
Ah, what’s going on

In the mean time
Right on, baby
Right on
Right on

Mother, mother, everybody thinks we’re wrong
Oh, but who are they to judge us
Simply because our hair is long
Oh, you know we’ve got to find a way
To bring some understanding here today
Oh

Picket lines and picket signs
Don’t punish me with brutality
Talk to me
So you can see
What’s going on
Ya, what’s going on
Tell me what’s going on
I’ll tell you what’s going on – Uh
Right on baby
Right on baby

I don’t know if Iqbal and the rest of the MILF will accept the recommendations of the independent convenors. At least, the President has accepted the fact that the BBL needs to be reviewed by assembling an esteemed group of individuals.

The Bangsamoro Basic Law, just like any law or organic act, spells out the details of what is to come once the agreement to create a new Bangsamoro comes to life. Everyone wishes, even those who opposes it actively, that the Muslims in the South would finally find the answer to their problems. The day they solve their problem is the day we’ll get rid of that sore thumb that has been nagging us for decades.

But try as hard as I do I can’t ignore the feeling of skepticism on the whole exercise. We’ve been there and practically done all of that. And now here’s another document being bandied again meant to be the magic bullet that will bring peace on everyone.

The main point of the article is more on the-devil-is-in-the-detail approach as pointed out in the paragraphs of five examples comprising the risks factor. Problem was, the devil was not in the details presented. All activities were geared towards governance, control, economics, and more control. That is how we see things in figuring out the problems of the Muslims in the South. They make trouble, we listen and we follow the reason of their tantrums and we make concession for both parties to agree on something, on anything actually, that will give hope that peace is possible. That’s the familiar cycle. We completely ignore the fact that what drives the other side is not really because they simply want peace and goodwill to all men. Nope. That is what the Philippine panel wish for and, so long as it remains a sucker for anything that spells peace, might continue to wish for in the future. What drives the other side is power and authority not really towards self-rule or self-determination through autonomy but self independence and rejection of Christian relics and influence over them and the preservation of Islamic way of life and the celebration of its supremacy.

The so-called ‘struggle for self-rule and self-determination’ is satisfied by giving them space and breathing room and money to map their own destiny. That is how we crafted and tailored made the Autonomous Region of Muslim Mindanao (ARMM) for the Bangsamoro people. What happened? Right or wrong, it didn’t really capture the idea and objective of the desired autonomy that is why here we are again negotiating with another Moro group for another effort to pass an autonomous act which is again touted as THE solution to the problem.

When is it going to stop? The cycle of we give they take has become a part and parcel of the on-going drama in the South. We call them our sisters and brothers but never heard them call us with that same terms of endearment. We think they’re no different but they see themselves as not like us. They’re never like us. Never Filipinos. They only avail it for convenience and camouflage.

Do I hate Muslims? NO. I just hate people taking advantage of other people using themselves as reason. I grew up in Echague, San Miguel, Manila. Have lots of Muslims friends in a Muslim compound behind the former SM office which is almost facing the former Feati University back then, on the other side of the street. I played basketball with them, talk with them, etc. Most studies in the university belt principally MLQU. No problem.

Although I’m wishful, that something positive will come out of this latest adventure of the government, I’m not hopeful. I see smokescreen billowing atop the BBL and nothing’s seems to be aware of it or they just refuse to see it. Everyone’s whistling in the dark.

In this unrealistic and erratic times, it really make sense to stop and ponder the wisdom about being careful for what you wish for. 🙂

Do you have any other ideas how the issue could be solved?
========
The idea is out there. We have a lot of intelligent and resourceful people on both sides. It is not rocket science so long as the party asking favor is honest and trustworthy. Before we think of peace solution, which seems to sweep aside other issues every time it is mentioned, we should first think of how to approach the whole package of the idea of starting a negotiation.

Our over optimism to make peace often make us glance over simple matters that are very important in negotiating as equals. You want the negotiation to start on correct footing? Require the MILF to show proof of their authority by first ridding their area of influence of armed men and criminal elements.

Had the GRP done that there wouldn’t have been a Mamasapano debacle.

The MILF have to establish their reputation and credibility by proving they have the capability and capacity to sit on the negotiation table across us and honestly and truthfully claim that they are in-charge to represent all Muslims in the country.

Acknowledging that there are armed men or groups they do not control within the area of their influence doesn’t speak well of a group trying to impress the government they represent their people. I will never negotiate with somebody or a group that I don’t believe have the capacity or power to control everything on their end. Never. Why? Because as the duly constituted authority I control everything from my end. Hence, it is just proper that the other party should also demonstrate the same command and authority.

We have to have that kind of policy to avoid ending up negotiating with rascals and clowns masquerading as peace negotiators.

Yes, the MILF need to prove good faith, given that it was shattered by Mamasapano. I think that is difficult for the leadership because the MILF “community” is a bunch of headstrong warriors harboring years of animosity and imposed rules are too much like the oppression they recognize from the past. So I think it is hard for them to demonstrate good faith without feeling they are surrendering to oppression. It’s rather a “gotcha” or “Catch 22” circle.

I think the Mamasapano did not shatter good faith for it was not even present from the very start. That’s the reason why I opined there should be commitment to show or prove good faith. If they are still harboring ‘years of animosity and imposed rules’ then they don’t deserve to be on that table with us. They are not yet ready to make commitments. The rule applies on both sides and I think we have been very consistent in demonstrating good faith with them. It is also difficult on the part of the GRP going to the negotiation table with the citizenry and some lawmakers not fully convince that the other side is on the same page with them.

If they have problems on their side, we too, have problems on our corner. And we are worse because we have to deal with the critics, the Legislature, and the process we have to go through. Those and the ever watchful eyes of experts and legal luminaries and various sectors that are undecided on the idea of conducting another negotiation. But still, as the legal entity representing the gov’t., the Aquino admin went on because it knows it has the responsibility to engage and address the problem.

As an equal partner seeking lasting peace I don’t think it’s too much to ask of them to do the same.

I’d argue that good faith on the MILF side can be seen in three years of relative peace and economic progress, and earnest discussions under the guidance of an international panel of advisers. Also, recently, standing aside as AFP went after BIFF.

But I agree more has to be done to heal Mamasapano. And GRP needs to demonstrate good faith, as well. Emotional outbursts that impugn the efforts made up to now tear down trust.

“The purpose of the BBL is to finally put an end …” – this is really funny if you remember the agreement with the MNLF in 1996. It was also called the ‘Final Peace Agreement’. I suggest that when they sit down to talk peace with the Abu Sayyaf, they will sign a Really Final Peace Agreement; with the BIFF, the Really Really Final Peace Agreement; and with the JIM, the Really Really Really Final Peace Agreement. If something comes along after that, and if appeasement is still the name of the game, just call it R^n FPA, where n > 3.

If you had followed the history of the moro insurgency, The MILF split from the MNLF because Misuari accepted autonomy, and the BIFF split with the MILF because the MILF was willing to accept autonomy. As long as the idea of an independent islamic state in mindanao is alive, the hydra of moro insurgency will just sprout a new head.

Why do moro insurgents want to establish a islamic republic in mindanao (the whole of mindanao)? Because they want to impose shariah on any area they can control, and they have an excuse to claim mindanao, sulu and palawan as their homeland. They are brainwashed with the idea that they have a primordial right to it and others don’t.

How does the BBL deal with this question? Art. II, Section 1 will give the natives of Mindanao before the ‘conquest’ (1521?) the name “bangsamoro”, a word coined by the MNLF in the 1960’s to refer to the collection of tribes of muslim filipinos. Lest you make a mistake of including the lumads as bangsamoro, Section 2 explicitly exludes them. How about the bisaya-speaking mindanaoans who were also here before the ‘conquest’? No mention.

The BBL wants to enshrine the source of conflict into our laws. Perfect formula for more conflict.

Extreme 1: drive them off Mindanao and into the sea or Malaysia. Practically impossible.

Extreme 2: give them the whole of Mindanao and let them do what they want. Also bad.

Another possibility would be the Cyprus solution – put a heavily fortified wall around Bangsamoro, force all Moros to go there and all Christians move to our side of the wall.

Actually all three possibilities are in my opinion nonsense and not really good solutions. So what can be done? Because if not, there will be more decades and centuries of war. Completely useless. So a balance must be found that is solid. BBL unmodified is fragile.

My old man used to say that Philippine culture as a whole is confused. People IMHO have to ask themselves what they want and stop projecting things on perceived enemies. Other people are just that – other people with interests of their own, so find common ground.

I’m just at the opening chapters of THE MORO WAR (American war with Moros 1902-1913) and the situation of peace (absence thereof) then and now has generally not changed (Americans then and Filipinos now). Speaking of DEJA VU … 😦

When I was a kid the NPA problem in our area was more pronounced, they were a menace to the people who just wanted to lift themselves up the economic ladder.

But eventually our province was slowly transformed because of economic growth that was probably due to better highways and a high number of OFWs.

The NPA problem receded. Probably a decade before I was looking at the Irish and Protestant conflict in Ireland as a model for how to resolve the conflicts in our country.

As pointed out by you guys I fear that it’s the economy stupid case here. If we bombard the place with development or just force migrate the people caught between all the fighting we can minimize the human cost and also minimize the ground support.

Why are there so many Muslims in Taguig? Because it was implicitly part of the peace deal Marcos made with the MNLF. Similar to some rulers who forced nobility from restive parts of the country (Sultan of Sulu comes to mind) to move to the capital almost like hostages.

If one is looking at it from a Macchiavellian point of view – many peace treaties in the past were sealed by trading hostages who were then punished if the treaty was broken. So let us force Iqbal to stay in Manila with his family just in case Bangsamoro makes trouble.

And from our side, let us send Ferrer and Deles to Cotabato with their families, they will also be our guarantors in case the Republic breaks its promises. More skin in the game.

If you reduce it to a government vs. rebel game, (disregarding the discordant elements within both government and rebels) then it’s an insurgency, so deal with it using counter-insurgency. But that is not all, because there is an element of islamism in this insurgency, and nobody in the world seems to have even just a convincing strategy.

Even just picking a role from the many elements from which to propose a move is already difficult.

We just want peaceful coexistence. The extremists want to exterminate us. We want to defeat the extremists, the moderates cry foul. If you don’t even see that problem, you are not grounded in the present, you are dreaming of your solution.

Some Pnoy haters are so into repeating this tiring “nobel peace prize” that our president is “coveting”…somehow putting malice in his quest to end war between brother Filipinos.

Is it now wrong to exert every possible effort to save this chance of finding a peaceful solution to this seemingly endless war so no more sons, brothers and fathers will come home in body bags and sealed coffins draped in Filipino flags?

Thanks, Joe… no problem, I also deleted a duplicate paragraph, didn’t see another which you took care of, the brief message is intact.

Do you also see this tiring “nobel peace prize coveting” accusation being regularly thrown to the president? Why can’t they offer suggestions (like what PiE did in this blog) instead of sarcastic remarks like that?

The risks pointed out by PiE should be tackled and discussed in detail by congress and the convenor group.

Budget allocations should be under strict monitoring by COA (of the national government) which should be given full security, moral and judicious financial support for them to be able to do their job without intimidation, fear, or pressure.

The resident auditor in Makati, I think, had been subjected to these kinds of threats and/or pressure as Ms. Mendoza has testified to in the Senate Sub-Committee and other hearings.

I just wish that there is a wi-fi connection in Bicol (where we will be spending the Holy Week) so I can concentrate on the points raised by PiE and you in this very important issue. Right now, I’m still chasing signatories, the staff has no direct line with them… hahaha

Political people basically think in distortions and lies, so the bit about coveting a Nobel peace prize is sheer lunacy. The President has never said anything about it, but by coining the phrase, they give it legitimacy. It’s the Binay method. Sadly, it works among a greatly superstitious people who believe rumor over fact because it is somehow intoxicating. It may be the ruin of the Philippines, actually.

I would hope the legislature is looking exactly at the points PiE has raised here. I see nothing that would destroy an earnest agreement if it is properly addressed. Assuming both parties are serious about peace and prosperity, and do not have ambitions beyond that.

Regarding Peace Prize: it is very unlikely that the Nobel Peace Prize Committee would seriously consider a nomination for a President from his own government. These are serious and dignified people sitting in Oslo who will not take such epal bs.

The candidates eligible for the Nobel Peace Prize are those persons or organizations nominated by qualified individuals. A nomination for yourself will not be taken into consideration, even if you meet the criteria for nominators.

The Palace nominating Noynoy would be practically self-nomination, those in Oslo would say Skol and laugh a hearty Nordic laugh after being stern and serious for 3 seconds. Noynoy is not stupid or epal. Those that think he is ARE like that themselves. Q.E.D.

At the first meeting of the Nobel Committee after the February 1 deadline for nominations, the Committee’s Permanent Secretary presents the list of the year’s candidates. The Committee may on that occasion add further names to the list, after which the nomination process is closed, and discussion of the particular candidates begins. In the light of this first review, the Committee draws up the so-called short list – i.e. the list of candidates selected for more thorough consideration. The short list typically contains from twenty to thirty candidates.

The candidates on the short list are then considered by the Nobel Institute’s permanent advisers. In addition to the Institute’s Director and Research Director, the body of advisers generally consists of a small group of Norwegian university professors with broad expertise in subject areas with a bearing on the Peace Prize. The advisers usually have a couple of months in which to draw up their reports. Reports are also occasionally requested from other Norwegian and foreign experts.

When the advisers’ reports have been presented, the Nobel Committee embarks on a thorough-going discussion of the most likely candidates. In the process, the need often arises to obtain additional information and updates about candidates from additional experts, often foreign. As a rule, the Committee reaches a decision only at its very last meeting before the announcement of the Prize at the beginning of October.

Obviously those making the black propaganda against Noynoy think that the members of the Nobel Peace Prize Committee are like some Filipino judges. How totally stupid…

I was born,raised and lived my whole life here in Davao, able to visit a lot of parts here in Mindanao, including North Cotabato, pass through Maguindanao as well.

Proper education and good governance on the people living in ARMM and North Cotabato is the primary thing i can see as the solution. BBL won’t really addressed the issue of poverty and neglect experience by the common people on those places.

Here’s to me hoping that both the government and citizens of this country will help educate our fellow Filipinos in those areas and for us common folks to condemned those in power on those regions that has abused and neglected their constituents.

I recognized that the issue is in a way complicated and that my proposal may not really addressed it due to the simpleness of it, but maybe the issue might not be complicated…

“”How does the BBL deal with this question? Art. II, Section 1 will give the natives of Mindanao before the ‘conquest’ (1521?) the name “bangsamoro”, a word coined by the MNLF in the 1960’s to refer to the collection of tribes of muslim filipinos. Lest you make a mistake of including the lumads as bangsamoro, Section 2 explicitly exludes them. How about the bisaya-speaking mindanaoans who were also here before the ‘conquest’? No mention.”
The BBL is supposed To be the constitutional version of the unconstiutional MO AD.
Definitely the lumads were a concern of The SC
“”
Violation of Constitutional Rights of Lumads

Under the MOA-AD, the Executive branch also commits to incorporate all the Lumads in Mindanao, who are non-Muslims, into the Bangsamoro people who are Muslims. There are 18 distinct Lumad groups in Mindanao with their own ancestral domains and their own indigenous customs, traditions and beliefs. The Lumads have lived in Mindanao long before the arrival of Islam and Christianity. For centuries, the Lumads have resisted Islam, a foreign religion like Christianity. To this day, the Lumads proudly continue to practice their own indigenous customs, traditions and beliefs.

Suddenly, without the knowledge and consent of the Lumads, the Executive branch has erased their identity as separate and distinct indigenous peoples. The MOA-AD, in paragraph 1 on Concepts and Principles, provides:

It is the birthright of all Moros and all Indigenous peoples of Mindanao to identify themselves and be accepted as “Bangsamoros”. The Bangsamoro people refers to those who are natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu archipelago at the time of conquest or colonization and their descendants whether mixed or of full native blood. Spouses and their descendants are classified as Bangsamoro. The freedom of choice of the indigenous people shall be respected. (Emphasis supplied)

The declaration that it is the “birthright of x x x all Indigenous peoples of Mindanao to identify themselves and be accepted as ‘Bangsamoros'” is cultural genocide. It erases by a mere declaration the identities, culture, customs, traditions and beliefs of 18 separate and distinct indigenous groups in Mindanao. The “freedom of choice” given to the Lumads is an empty formality because officially from birth they are already identified as Bangsamoros. The Lumads may freely practice their indigenous customs, traditions and beliefs, but they are still identified and known as Bangsamoros under the authority of the BJE.

The MOA-AD divests the Lumads of their ancestral domains and hands over possession, ownership and jurisdiction of their ancestral domains to the BJE. In paragraphs 2, 3 and 6 on Concepts and Principles, the MOA-AD gives ownership over the Bangsamoros’ ancestral domain to the Bangsamoro people, defines the ancestral domain of the Bangsamoros, and vests jurisdiction and authority over such ancestral domain in the BJE, thus:

2. It is essential to lay the foundation of the Bangsamoro homeland in order to address the Bangsamoro people’s humanitarian and economic needs as well as their political aspirations. Such territorial jurisdictions and geographic areas being the natural wealth and patrimony represent the social, cultural and political identity and pride of all the Bangsamoro people. Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.

3. x x x Ancestral domain and ancestral land refer to those held under claim of ownership, occupied or possessed, by themselves or through the ancestors of the Bangsamoro people, communally or individually x x x.

x x x x

6. Both Parties agree that the Bangsamoro Juridical Entity (BJE) shall have the authority and jurisdiction over the Ancestral Domain and Ancestral lands, including both alienable and non-alienable lands encompassed within their homeland and ancestral territory, as well as the delineation of ancestral domains/lands of the Bangsamoro people located therein. (Emphasis supplied)

After defining the Bangsamoro people to include all the Lumads, the MOA-AD then defines the ancestral domain of the Bangsamoro people as the ancestral domain of all the Bangsamoros, which now includes the ancestral domains of all the Lumads. The MOA-AD declares that exclusive ownership over the Bangsamoro ancestral domain belongs to the Bangsamoro people. The MOA-AD vests jurisdiction and authority over the Bangsamoros’ ancestral domain in the BJE. Thus, the Lumads lost not only their separate identities but also their ancestral domains to the Bangsamoros and the BJE.

The incorporation of the Lumads as Bangsamoros, and the transfer of their ancestral domains to the BJE, without the Lumads’ knowledge and consent,70 violate the Constitutional guarantee that the “State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.”71 The incorporation also violates the Constitutional guarantee that the “State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural minorities to their ancestral lands to ensure their economic, social, and cultural well-being.”72

These Constitutional guarantees, as implemented in the Indigenous Peoples’ Rights Act of 1997, grant the Lumads “the right to participate fully, if they so chose, at all levels of decision-making in matters which may affect their rights, lives and destinies.”73 Since the Executive branch kept the MOA-AD confidential until its publication in the Philippine Daily Inquirer on 4 August 2008, the day before its scheduled signing in Kuala Lumpur, Malaysia, there could have been no participation by the 18 Lumad groups of Mindanao in their incorporation into the Bangsamoro. This alone shows that the Executive branch did not consult, much less secure the consent, of the Lumads on their rights, lives and destinies under the MOA-AD. In fact, representatives of the 18 Lumad groups met in Cagayan de Oro City and announced on 27 August 2008, through their convenor Timuay Nanding Mudai, that “we cannot accept that we are part of the Bangsamoro.”74″”
_________
PiE or anyone,
IS the Lumad issue resolved in the BBL?

In the preamble …We the bangsamoro people together with other inhabitants of bangsamoro.. ..
so they mention other inhabitants in the preamble…..
Article II
Mentions that the inhabitant have the right to be part of bangsamoro….
Question, Can they wave that right?

As I read the document, I was left with the understanding that Bangsamoro is the territory, and a form of government, and within that, all indigenous people have the right to live according to their customs. The larger groups will have representatives in the parliament. The document is thorough about spelling out human rights and non-discrimination provisions. The question to be asked of Lumads is, “are you Filipino or not?”

I’m (almost) Filipino, I live in a province. The provincial government is stupid. I have to live with it. When one is a part of a community, one sacrifices, I think. Or there is no community.

Edgar Lores made an excellent suggestion regarding the symbolic aspects of the BBL that I quoted and highlighted. These matters may seem trivial, but in state affairs they never are, being semi-religious.Or try flying the Philippine flag upside down, it means war.

I remember the Catholic Church in Woodside, Queens NY were there was an American flag IN the Church – meaning in the US the stars and stripes are the main thing and not ANY church. The fact that the BBL mentions Filipino only once or twice and the Republic of the Philippines not one single time does mean something to me, just a few changes and you have the Basic Law of a Malaysian state, immediately applicable.

The German constitution is to this day called the Basic Law of the Federal Republic. A basic law in international practice is a law given to a non-sovereign territory that may however one day become sovereign like Germany became with the 1990 2+4 treaty. During the promulgation of Germany’s Basic Law in 1949, Germany was non-sovereign, being under allied supervision which was only lifted in 1955, allowing for rearmament.

Nonetheless the Allied Powers retained reserved rights over Germany until 1990, meaning that first of all they had bases all over the place, there are less of them now and they are now NATO partner bases in status; and they had the right to tap phones and much more. There is an unconfirmed rumor that every German Chancellor until Helmut Kohl had to sign a secret protocol upon assuming office to uphold democracy and Western allegiance.

Germany’s gold reserves are only NOW being shipped back from New York and London, those in Paris go by train. Meaning the Allies effectively had the power to freeze assets in case Germany decided to go looking for Lebensraum again, thanks i7sharp.

—————————————————————————————————–

Maybe similar ideas may be applied to Bangsamoro:

– defined places where the AFP has bases

– supervision for the next six years

– after that reserved rights for 12 years

– every BM Chief Minister makes an oath to the Republic of the Philippines

– Bangsamoro assets are kept under safeguard in Manila for at least 20 years

The main (and only one in tabloids) discussion nation wide.
1- Trapo politics: How to harm the opponent, how to strengthen/weaken alliances, spinning, framing, false rumors… the complete toolkit of trapo politics at work…

In this blog.
2- Religion: Islam and its spectrum from deadly extremists to sedate, half tribal local communities, the half divine sharia or “the path” of how to submit to God versus 100% human human rights…
3- Federalism: what should be decided regionally, what can be delegated to the regions in the current legal context, imperial Manila in relation to part of the empire…
4- Economic development: who “owns” natural resources, responsibility in local self-reliance or in centralized decision making, stability as requirement for investment…
5- Fight or negotiate: who are the (real) opponents, how to build an “enemy” to fight or build trust to negotiate, who should have the legal monopoly of violence…
6- Historic injustice: consensus building, amount of retributions, mechanisms of reconciliation…
7- The legal document: balance, wording, alignment with constitution…

The main difference being that in personal matters you have a choice and both sides can take their time to find out whether things will work out and find the golden middle way.

In state and business matters you often have not much of a choice and time pressure, so you have to put in the professional aspect into it, plus the trust-building and safety aspect, to complement the aspect of growing and fine-tuning the mutual understanding = MU.

I think that happens when we try to examine what is akin to a Constitution. The central issue is “good faith”, and how to express it and interpret correctly. Also, seeing the future. When you don’t trust your business partner, you build in controls, and that’s what I think is the main lesson here. As trust is built, the controls can be eased. But it would be a huge mistake to let a beast loose with no pen or tranquilizer darts available.

The term basic law is used in some places as an alternative to “constitution”, implying it is a temporary but necessary measure without formal enactment of constitution. A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution powers and effect. The name is usually used to imply an interim or transitory nature, or avoid attempting a claim to being “the highest law”, often for religious reasons. In West Germany the term “Basic Law” (Grundgesetz) was used to indicate that the Basic Law was provisional until the ultimate reunification of Germany. But in 1990 no new constitution was adopted and instead the Basic Law was adopted throughout the entire German territory. Basic law is entrenched in that it overrides ordinary ‘statute law’ passed by the legislature.

The Special Administrative Regions of the People’s Republic of China, namely Hong Kong and Macau, have basic laws as their constitutional documents. The basic laws are the highest authority, respectively, in the territories, while the rights of amendment and interpretation rest with the Standing Committee of the National People’s Congress of the People’s Republic of China.

– Always referring to Central Government instead of Republic of the Philippines
(keeping possible options open for the CG to be the Federation of Malaysia maybe?)

– asymmetric relationship between CG and BG, no clear statement that BM is part of RP

are NOT harmless. They are like certain legal terms that can make or break you in contracts. I am not an expert in international law, but it is imperative that international law experts clarify publicly what the implications of these terms are, and propose adjustments.

This aspect I left out in the article, because I am not fully competent to evaluate it.

Which makes mischievous me get ideas: IF the ones supposed to their job of evaluating the BBL in the Philippines do NOT do their job thoroughly enough, I will invest up to 900 Euro and pay my lawyer to look at MOA-AD, CAB and BBL and make a PDF evaluation.

90 Euro is the friendship rate per hour he charges me, so 10 hours for him, I will have to invest at least 50 hours of work to prepare things so that he makes it in the 10 hours time.

As a concerned Pinoy in Europe, living among clever Catholic Bavarians, who have state receptions with lots of bishops in them and where the village priest and mayor still run things in the countryside, with a Bavarian Lutheran top dog IT lawyer, one of the best corporate counsels there are and former trial lawyer as lawyer and friend who is married to a Lutheran Indonesian woman of the Batak tribe in Sumatra and understands Malays, I will watch what is important to the future of the country, so I do not go home to Lebanon.

Another man in my old-boy network is a German businessman married to an Indonesian who is a coach and intermediary for Germans who do business with and in Indonesia, also very familiar with the Filipino way of doing things and with business links to everywhere. Might have some information about the way Moros do business and negotiate, may be a good resource even if not because he knows the way Indonesians are very intimately.

But I do hope that those responsible will do their work well. Will watch the result though.

Article 23 of the Basic Law provided other German states, initially not included in the field of application of the Basic Law, with the right to declare their accession (“Beitritt”) at a later date. Therefore although the Basic Law was considered provisional, it allowed more German states to join its field of application. On one side, it gave the Federal Republic of Germany – composed as it was in 1949 – no right to negotiate, reject or deny another German state’s wish to declare its accession to the FRG; while on the other side an acceding state would have to accept all laws so far legislated under the institutions of the FRG as they were. Article 23, altered after 1990, read as follows:

Former Article 23 of the Basic Law for the Federal Republic of Germany
For the time being, this Basic Law shall apply in the territory of the Länder of Baden, Bavaria, Bremen, Greater Berlin,[3] Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Württemberg-Baden, and Württemberg-Hohenzollern.[4] In other parts of Germany it shall be put into force on their accession.[5]

Whereas the West German state had gained restricted sovereignty in May 1955, the Sarrois rejected in a referendum (1955) the transformation of their protectorate into an independent state. The Saar Treaty then opened the way for the Saar to declare its “Beitritt” (accession) to the West German state under Article 23, including the new Saarland into the field of application of the Basic Law. With effect of 1 January 1957 the Federal Republic included all of Western Germany (cf. Little Reunification with the Saar).

The Communist regime in East Germany fell in 1990; the parliament of the GDR (East Germany) declared the accession of the GDR according to Article 23 to the Federal Republic of Germany, making unification an act unilaterally decided by the last East German parliament. East Germany’s declaration of accession (Beitrittserklärung) included the East German territories into the field of application of the Basic Law. After the accession of East Germany to the Federal Republic of Germany Article 23 was repealed. Rather than adopting a new constitution under Article 146 of the Basic Law, the Bundestag (Parliament of Germany) only amended Article 146 and the Preamble of the Basic Law.

The Poles and Russians did not want Germany to have the possibility to annex parts of Poland and Russia that were formerly German by migrating and then making referendums.

Finally, I would like to say thanks to my Social Studies Teacher in Germany – after High School in the Philippines I took three more years in a German school, they have K-13 here, some states have K-12 and are debating about removing it: BACK to K-13 though.

One of the things we did in 12th grade was to go through the entire Basic Law of Germany, which is available as a free pamphlet from government information offices.

This exercise 30 years ago trained me for being able to go through the BBL recently.

It was ASSUMED that we would all read it. In two weeks of freewheeling but structured discussions, we went through the different parts of the basic law, looked at the pros and cons, the teacher explained the reasons for certain things, we questioned them.

So no rote memorization here, the principle being that you can look facts up – we all had the pamphlet on the table – but understanding and analyzing is what counts.

Or like a professor of computer science which I studied later had on his door:

DATA is not INFORMATION is not KNOWLEDGE is not WISDOM

His oral exams were tough, two hours face to face with only him, he would not only quiz for facts but ask you to explain a practical case where the things he had taught were applied. So not just understanding and analyzing, also applying knowledge to practical examples.

Final stage: my master’s thesis. Had to find my own way, researching my own sources.

A little bit of coaching from an assistant professor every two weeks, only presentation to my professor every 2 months thats it. Didn’t learn to be like this overnight guys.

I went through many trials and tribulations, failed an oral exam because I was nervous – imagine a Pinoy who is not used to being stared at being stared at two hours straight by a German professor who is taking you apart, revealing where you don’t really know shit…

K 12 that reminds me of the DEPED sec who was my high school teacher….the one here who reminds us of eduation is Joseph Hivo who makes me want to trace my Flemmish roots…PiE lend me some money I want to go visit Belgium the birthplace of my mom’s grand father.

Shortchanging me huh. 🙂 I left the IT stuff to my wife, was with Accenture now with IBM. Am happy to assist my dad while he still can work in his 70s. Pet projects were AFP modernization, Maritime legislation,National defense act among others

Do not get angry becos joke only, like my slum friends from UP Balara used to say.

One of them, son of our gardener, an electrician who stole electricity from UP, studied to become an electronics engineer and last thing I heard from my former yaya he was at Intel.

Accenture and IBM – I know, in the Philippines there are hardly any IT SMEs. The kind of career I have here as a freelancer moving between different SAP solution providers would not have been possible back home. Would be great to seed a Filipino SAP SME outfit.

My business partner and former boss runs a SAP partner firm with under 20 fixed staff. Well he has freelancers like me for special projects and all staff and freelancers are allrounders and top dogs, unlike the overspecialized people you have at Accenture.

Topped the Accenture assessment center test in 1996 especially in terms of confidence, but decided to join a German IT startup because it gave me more room to grow my skills in different directions to form my own business later with possible connection to Philippines and accomplish the mission Pisay inculcated which was to advance Philippine development. Almost 20 years later I am close to reaching that goal, I am almost ready, the Philippines is close to ready. All I have to do now is check out the next steps. 🙂

The IT startup – which became multinational – was later bought by a Canadian multinational and I left them. But my time there allowed me to form a top-level network that I still live from until today. These are what I call my Royal Navy contacts.

Another company where the boss is a self-made man who was born in Hamburg’s red light district and can until today say hello to the bosses there is a company which I worked for later and for which I also subcontract. This is my Captain Barbosa pirate contact.

In the Philippines you are either from the street or in the modern business world, the two do not mix. In pragmatic Germany your performance is important not background. People from the top who are not performers move down after some time, performers move up. Performers with background are of course very much on top and non-performers without background live in social housing. But people like Manny Villar happen more over here.

🙂
In fact, when I first saw SME I immediately thought Society of Mechanical Engineers. That couldn’t be right. Also what does “epal” mean. Until now I don’t fully comprehend the word “jeproks”. I’m just getting used to hearing “bagets”.

Epal Pig Latin for Papel. Pumapapel is seeking attention,wants to be center of attraction,butting in on others, an extra in a cast…..
Jeproks is a hippie,loose morals,a junkie
Bagets is a teen ager, or a newbie

Jeproks is still used in the Philippines? That slang word came about in the 1970s, when young people from the “Projects” in Quezon City imitated American hippies and smoked marijuana. Project 6 and other places, I wonder if they are still called that way.

About learning:
“Ever learning, and never able to come to the knowledge of the truth.”
2 Timothy 3:7 KJV

Am still learning.

About Lenin:
x-
Lenin started the Russian Communist
revolution, and as a result tens of millions of
innocent people died. He had no scruples about
sentencing not only individuals but whole
categories of people to death – because he claimed
to want a better future for mankind. It was said
that “he loved mankind so much that he was
ready to kill all men for the benefit of humanity.”
Lenin’s older brother had been hanged for
his attempt to kill the Russian emperor. Lenin
shared his brother’s ideal to get rid of oppressors,

page 13 JESUS (Friend to Terrorists)

but he thought that individual acts of terror
would not achieve this end. He says in his
writings that a party of well-trained professional
revolutionaries have to seize power in the state.
These will kill their opponents wholesale, after
which, in time, the happy Socialist society will
arise. He died disillusioned.
-x
Excerpted from the book of which I mentioned inhttp://j.mp/ja-shlu
“Shmita in Luisita, …”

Richard Wurmbrand, who wrote the book in 1995 under a pseudonym, was born in Bucharest, lived in his early years in Istanbul.
Initially, the focus of his ministry was on believers persecuted by Communism.
Later on, the focus was directed to terrorists.

Another excerpt from the book. Jesus (Friend to Terrorists):
x–
THE PERSON writing this is a Christian pastor.
For decades I have followed the actions,
pronouncements and, where they existed, the
publications of terrorist groups in different
countries.
Today, I realize that mankind has entered a
new age. The era of Fascist domination has
passed. The age when the Soviet dictator
representing the Eastern Communist bloc could tell
Americans “We will bury you!” has also passed.
The cold war has passed to the history books. We
have now entered the age of terrorism.
Terrorist groups have mushroomed on all
continents and claim dedicated supporters and
sympathizers.
–x

I have saved this article by the 21st Supreme Court Chief Justice of the Philippines, Artemio V. Panganiban . as additional source of comparative information, a record of opinions of SC justices Conchita Morales-Carpio, now OMB, the current most senior justice, Antonio T. Carpio, and the then Atty. Ma. Lourdes Sereno, now SC Chief, three justices who I look up to for their principles and clarity of analysis.

This is regarding the “Memorandum of Agreement on Ancestral Domain (MOA-AD) between the government and the Moro Islamic Liberation Front (MILF) and declared unconstitutional the underlying “associative” relationship between the government and the Bangsamoro Juridical Entity. Justice Carpio unflinchingly declared unconstitutional not only the underlying “associative” concept but, quite significantly, also 36 specific provisions of the MOA-AD, the shadows of which can be gleaned in the BBL.”

“CJ Sereno’s position. Although not a member of the Court when the North Cotabato case was decided, Chief Justice Maria Lourdes P. A. Sereno, nonetheless, participated in the controversy as counsel for Sen. (now Senate President) Franklin M. Drilon, who was an intervenor.

Her 72-page memorandum was a brilliant defense of the Constitution and veritable source of her mindset on the conduct of peace negotiations. She detailed “the constitutional violations … [that] eroded the sovereignty of the Republic of the Philippines …, split its national identity … [and] created a state within a state—a concept alien and antithetical to the one sovereign nation embodied in the Constitution.”

There is no easy solution to the Moro problem. It will entail a lot of sacrifice on their part, which they are not known for, to make things work for them while working in tandem with the government. They have to do all the dirty works to even get a decent start on how to navigate under the proposed BBL.

Under the BBL, they will decide their own fate and find solutions to their problems. The conflict there is, deciding their fate is exclusive to them. Being Islam as a way of life, and unless it involves more money, the government would be off limits to what solution the Moros would opt for regarding their fate.

So, it is foolish to even think that the government can still impose itself under the BBL by dictating what the Moros can do or not do when it is very clear that they are, as Muslims, in charge of their own destiny under the proposed BBL. Allow Muslim females to marry non-Muslim male? Yeah, right, good luck to that. 🙂

Allow religious freedom? On whose terms? Saying it is one thing but enforcing it is another thing. You don’t dictate to people who have their own set of laws that will govern them regardless if it is subservient or not to the national law.

Enforce the national law and restrict a modified Sharia to marriage and inheritance? Enforce this or that, remove this or that, etc.? What the hell we crafted the BBL for if we’re going to continue to ‘dictate’ to people whose intention, in the first place, was to get rid of us for meddling and influencing their lives? The creation of the BBL is the Moros way of telling the national government to keep its hands to itself and shut up.

if it really is the only choice to leave them alone, then how can we do it with minimum risk to ourselves – which was my analysis. – PinoyInEurope
========
Unlike the ‘monster’ of Dr. Frankenstein, we’re not going to leave the Moros to themselves. Remember, we’re the capitalist on this exercise and as such we don’t want to go bankrupt. Hence, it is only fitting that we overlook how funds are being utilize and its use maximize.

But like Dr. Frankenstein’s ‘monster’ we can only go so far and intervene in areas where our concerns lie. Other than that, the ‘monster’ is free to do what it wants to do. Remember, we gave the ‘monster’ the right to think and the capability to act on such thought.

So, practically, we are in the same position as Dr. Frankenstein in that we step aside the moment our creation starts to walk and talk. That means, we only have one option to resort to so that good things will happen as we expect them to be.

Whatever gleam the Philippines was in Teddy Roosevelt’s eye, the American troops under “blackjack” Pershing and Woods, sealed what the Spanish began and defined the territory and resources of today’s PH. The Moros inspite of the trail of blood, theirs and ours should now be our compatriots. The hemorrhage must stop! Keep the monuments (we have three of them in the Ilocos) to remind both sides that the future is

“Enforce the national law and restrict a modified Sharia to marriage and inheritance? Enforce this or that, remove this or that, etc.? What the hell we crafted the BBL for if we’re going to continue to ‘dictate’ to people whose intention, in the first place, was to get rid of us for meddling and influencing their lives? The creation of the BBL is the Moros way of telling the national government to keep its hands to itself and shut up.”

“… the REASON for the words.”
-x
got sent inadvertently.
I was too tired (from walking the dogs, Buddy and Coco … both boys by the way … after a long day) to make immediate correction or follow-up.

I had wanted to get a better idea of what made JoeAm opine “… legalistic morons …”

Perhaps I can cut to the chase and respectfully ask him of what he thinks of this:
The Originalist Perspectivehttp://www.heritage.org/research/reports/2009/09/the-originalist-perspective
x–
An excerpt from The Heritage Guide to the Constitution
Written constitutionalism implies that those who make, interpret, and enforce the law ought to be guided by the meaning of the United States Constitution–the supreme law of the land–as it was originally written. This view came to be seriously eroded over the course of the last century with the rise of the theory of the Constitution as a “living document” with no fixed meaning, subject to changing interpretations according to the spirit of the times.
…
Originalism is championed for a number of fundamental reasons. First, it comports with the nature of a constitution, which binds and limits any one generation from ruling according to the passion of the times. The Framers of the Constitution of 1787 knew what they wereSa about, forming a frame of government for “ourselves and our Posterity.” They did not understand “We the people” to be merely an assemblage of individuals at any one point in time but a “people” as an association, indeed a number of overlapping associations, over the course of many generations, including our own. In the end, the Constitution of 1787 is as much a constitution for us as it was for the Founding generation.
…
–x

I’m not a constitutional scholar, but it seems to me that knowledge grows, and with it enlightenment, and if we don’t adjust our rules to fit our greater enlightenment, we risk being unkind or unfair. The enlightenment might be expressed formally as an amendment, or more cautiously as case law that reshapes the original ruling. The beauty of democracy is that, even though such rulings might shift the rules left or right, if they go too far in any direction, they are usually brought back to center. So democracy itself is a living institution. It would be a shame to tie it down according to the rules of our ancestors. We should, of course, try to understand the intentions of our ancestors in writing the document, for there is wisdom there. But there is not unerring foresight.

That is why I left the legal aspect outside and looked only at the contents. Checking for constitutionality and going for charter change is a job for lawyers. Even though I suspect that BBL will need charter change because it is almost federal in nature.

The foot should be the PH and the door should be the Moros. This is the peaceful way. Nevertheless PH must be ready if the Moros can’t and don’t accept this. History and current events tell us the peaceful way is the less probable way. The Spanish and the Americans found this out. So Filipinos brace yourselves. The Moro women and children should also figure in this equation of peace.

According to Thomas McKenna in his book, Muslim Rebels and Rulers, it was Najeeb Saleeby, a Syrian-born Christian physician who came to the Philippines as a U.S. Army doctor in 1900 and was assigned to Mindanao, who outlined the colonial genesis of Moro-hood. Saleeby was more knowledgeable about the history, culture, and contemporary political culture of the separate Muslim peoples of the Philippines than any other colonial administrator during the US administration. He knew that the various Muslim ethno-linguistic groups were in no sense united, nor did they possess—jointly or individually—a politically potent oppositional Islamic consciousness. He urged the promotion of Muslim unity, not through the preservation or restoration of individual traditional polities (i.e., by means of straightforward indirect rule, but through the invention of a new transcendent Philippine Muslim identity called Morohood. Thus, the name of the “Moro Province” in Mindanao from 1903–20.

As a result, Saleeby’s Morohood set in motion a process of erosion for which eroded Muslim identities. It began with the southern Philippines. It started by lumping together all the Muslim Filipinos under the derisive moniker “Moro”:” – a word formerly used by the Spanish and the Portuguese to denote all peoples and nations that show even a little similarity of practice with that of the Muslim Moors, Moriscos, Mauros or Mouros of Africa, especially those with Arab or Berber descent.

This erosion of Muslim identities was further sustained (except for some token recognition that began during the Marcos period) by successive Philippine colonial administrations.

To compound and confound the situation, Muslim Filipinos parvenus of Central Mindanao in the 1970s, working in collusion with confused and restless members of the Sulu nation and other Muslim ethnic groups, adopted the colonial aberration of “Moro”. On this name they staged an insurgency that seemed justified then because of the mounting feeling of injustice by Muslim people in the face of Christian migration from Luzon and the Visayas. In doing so the Bangsamoro nationalists have subsequently drowned out the diverse identities that comprise Muslims in Mindanao and Sulu through the mobilization of an armed rebellion premised on an ill-conceived “Bangsamoro”.

I would add: borderline eponymous term meaning a hard-headed maverick. Under more pleasant circumstances, I imagined many of our Olympic swimming and track teams with Philippine Moro athletes like Mona Sulaiman of old.

Stereotypes are interesting phenomena, useful for expressing generalities or perceived generalities, valuable insofar as one does not attach absolutes to them, or even truth. They are intellectual smoke and we carry the mirrors.

If I have to append titles or credentials to my signature, I would choose
PLSK (Pinabili lang ng suka sa kanto).

“… but it seems to me that knowledge grows, and with it enlightenment, and if we don’t adjust our rules to fit our greater enlightenment, we risk being unkind or unfair.
…
We should, of course, try to understand the intentions of our ancestors in writing the document, for there is wisdom there. But there is not unerring foresight.”

(1) The term “legalistic morons” was a literary exaggeration for the context in which it was used and ought not be applied elsewhere.

(2) You employ the Socratic method of asking questions trying to lead me to a conclusion. It would be quicker if you would just make your point, and put your own belief on the line, rather than put me out on limbs looking for one to saw off.

(3) I view marriage as a legal contract not a contract between man and God. Legal frameworks are often built on moral principles built upon lessons learned from this religion or that, and generally represent ideals most people believe are good. That is, most laws don’t permit murder, although it is a perfectly fine thing to do if your faith believe in murder or throwing virgins into the volcano. Marriage among three people is generally not accepted in the US (the Mormons had it in their faith until the laws put a stop to it in America) but it is elsewhere. So it depends on the community’s values whether it is appropriate or not. On ships in the old days of sailing ships and months at sea, intercourse with sheep was morally permissible, each ship being a nation in its own right and determining that was better than sailors exercising their physical drives on one another.

” (3) I view marriage as a legal contract not a contract between man and God. …

… intercourse with sheep was morally permissible, each ship being a nation in its own right and determining that was better than sailors exercising their physical drives on one another.”

Joe, you would’ve loved classes in Scholasticism on ethics, metaphysics and Moral casuistry and Catholic existentialism. 🙂 But you know what Yogi says about choices: When you face a fork in the road, take them! 🙂

I rather think you are right. My education got diverted into numbers, the theoretical aspects of which drove me into the army, and then the ambition to make money rather than intelligence. Now I see the error of my ways, but the latter-day self-discovery is fun nonetheless.

After a friend and I were convinced that Renaisance Man was the ideal, he then drew this ideal as Rambo-like figure – black headband, in heavy black tank-top and bottoms wrapped with two bandoliers, an AK-47 on one hand and a copy of THE PRINCE in the other! I liked it. 🙂

@Joe: Which is why constitutions should not be too detailed, but stick to fundamental guidelines.

Do’s and don’ts – the American Constitution is simple and needed only few Amendments in more than 200 years of existence, while the Philippine Constitution has so many details that you need to cha-cha instead of just changing the laws that implement basic principles that rarely change.

The simplest moral constitution was what Moses brought down from the mountain, with only ten articles understandable to his unruly masa that were dancing around the Golden Calf.

As for intentions of the ancestors, a certain Native American tribe has an a rule that chiefs must think of seven generations to come in every decision they make – a hard exercise but good.

In the Philippines ancient principles seem to be forgotten easily. Even 10 years is a long time for most – ay ang tagal na niyan. And thinking of even 6 years into the future, forget about seven generations, is something only few leaders are able to do. So little continuity. So little foresight.

@i7sharp: most Western Constitutions are rooted in Christian culture and its secular descendant, humanism, that attempted to reconcile the revival of Graeco-Roman traditions that was called the Renaissance with Christian values. Thus the idea of human rights.

Yes, wisdom is found in a few words, confusion is often found in a lot of them, for they start running into one another. Personally, I find looking into the future great fun. One must run endless assumptions and hypotheticals and alternatives and apply some odds to them. Filipinos seem to find their fun in the emotions of being angry ex post facto.

Yep, there is something on that in the Nacionalista thread, I wrote that Marcos was a great hope for many and people were very disappointed, throwing out Erap brought on Gloria.

From the frying pan into the fire to Karls frogmatic jologs frog slowly cooked in water and my dogmatic jeprox dog in hot water up to the wise walastik helix of Manong Sonny to escape the vicious cycle of oscillations back and forth. Synthesizing practical philosophy.

It is said that what is called “the spirit of an age” is something to which one cannot return. That this spirit gradually dissipates is due to the world’s coming to an end. For this reason, although one would like to change today’s world back to the spirit of one hundred years or more ago, it cannot be done. Thus it is important to make the best out of every generation.

@ PiE & Karl So happy for both of you – lots of youth and panache left for you. For me, I hear the waterfalls getting louder. Just praying the other side will be on the right side. I got a generous sister who “loaned” the walastik of travel and then some. The rest is thanksgiving. 🙂 for this war baby.

Or lambs turn into lions. Duterte is a Christian politician who acts like a harsh Muslim clan leader AND a consensus-based Lumad datu within Davao. A leader who is to unite the Philippines must be able to speak to all groups and listen and understand all groups.

Thanks. Not much “youth” to go for me, 50 coming soon. But a German colleague from the customer site told me don’t worry. From 50-60 you have to be serious. Everything before that you can excuse with inexperience, everything after with coming senility…

Some feminists joke that men go straight from adolescence to mid-life crisis without ever becoming adults, but forgot that there are men between 50-60. And some wise men in their 70s and after, but this is just a disclaimer so that sonny and Joe do not get mad.

Jokes aside, the helix which karl garcia remembered is a proof of sonny’s wisdom. My whole life has been a helix, even in the years where my father thought I was in vicious cycles. The third dimension is very important.

I know he does – he wrote to me once that in his eyes I am a fighter like we all are. In his spontaneous reactions he is typical for his generation – 1934 – the generation which much ambitions for their country and for their children, somewhat harsh in discipline but short on praise at times, the generation that saw with their own eyes a more discipline race slap us, humiliate us and sometimes even behead us – the Japanese. These things shape you.

Like the Yugoslavian generation that saw the Germans do the same to them, the generation of Marshall Tito, and strove to become tough and patriotic as a reaction. My father knows some people from that clique, some former Yugo officers know my father.

My mom was the principal of Roosevelt High School, first located at NE corner of Highway 54 and Aurora Blvd; then moved to the site of the Coronet theater. Then she left to be guidance counselor at Philippine Normal School/College, her alma mater.

Trackbacks

[…] of the BBL, but urging us to keep a closer eye on the mosques in the Philippines. The last article (“Bangsamoro Basic Law – managing risks”) on the BBL, by Ireneo, warned us of the possible risks, especially meddling from outside Salafi […]

Search

Search for:

Notes from the Editor

This blog is a collaboration by people interested in the well-being of the Philippines. It is a place to think and discuss, to teach and learn.

The Society of Honor is published via Word Press hosting in the United States. Contributors reside in the Philippines, US and Canada, Australia, Singapore, and Europe. The blog is not accredited by any government or non-government entity, is not a member of any association or group, and is generally not an originator of news. The blog is not an advocacy of any particular cause. It is a clearing house for knowledge and insights.

Please read the ‘Policy and Terms’ tab for further information.

“Free speech is our oyster; confined thinking is the bane of knowledge.”